Marston holdings child support

[Watty2002uk]

Hello I need some advice please
Today I got in to have received a final notice from marston holdings for the sum of £1256.83 I split with my ex wife 3 years ago and she turned my daughter against me but left me with all the debt and cleared the house and all the banks .i lost the house last year and have been paying off the debt that was left .is there anything I can do to not have to pay this in full I've attached the letter posted today thanks

[zeke]

The enforcement power is a liability order. It does not confer a power to break or enter a property. Only to enforcement the debt by taking control of goods.

As with many other CM clients, the cases are always returned nulla bona because the parent does not have the money or the goods to pay the debt. It becomes entombed on the creditor's computer for 6 years until it lapses under section 9 of the Limitation Act 1980. That doesn't kill the debt, but it does mean that no enforcement steps can be taken in respect of it.

Take these steps to protect yourself:

http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html

The bailiff is under a contract to recover the debt in 90 days or return it to the creditor.

Here is an article about bailiffs and Child Support enforcement. http://www.dealingwithbailiffs.co.uk/Ba ... agency.htm

[Watty2002uk]

Thankyou a lot of good things in there if I lock the gate were my car is parked can he break the lock to take the car

[zeke]

No. But to be on the safe side, park it on someone else's driveway.

[Will Goodfellow]

As with many other CM clients, the cases are always returned nulla bona because the parent does not have the money or the goods to pay the debt. It becomes entombed on the creditor's computer for 6 years until it lapses under section 9 of the Limitation Act 1980. That doesn't kill the debt, but it does mean that no enforcement steps can be taken in respect of it.

The op split up three years ago so there is no statute barring of his child maintenance arrears.

[Michelle]

As with many other CM clients, the cases are always returned nulla bona because the parent does not have the money or the goods to pay the debt. It becomes entombed on the creditor's computer for 6 years until it lapses under section 9 of the Limitation Act 1980. That doesn't kill the debt, but it does mean that no enforcement steps can be taken in respect of it.

The op split up three years ago so there is no statute barring of his child maintenance arrears.

Schedule 12 didn't say this debt was statute barred, just that it would "lapse" after 6 years, but see this:
https://www.nationaldebtline.org/EW/fac ... -debt.aspx

Child Support Agency (CSA) and the Child Maintenance Service (CMS)

If you owe money to the CSA or the CMS, the limitation rules can be complicated. From 12 July 2006, there is no time limit within which the CSA or the CMS must apply for a liability order. Once they have a liability order, a six year limitation period applies for them to use certain types of enforcement, such as bailiffs. There is no time limit for them to use enforcement such as disqualification from driving or imprisonment.

There are some ways the CSA or the CMS can try and make you pay that do not require them to have a liability order at all. These include taking money from your wages, benefits or bank account.

[Will Goodfellow]

As with many other CM clients, the cases are always returned nulla bona because the parent does not have the money or the goods to pay the debt. It becomes entombed on the creditor's computer for 6 years until it lapses under section 9 of the Limitation Act 1980. That doesn't kill the debt, but it does mean that no enforcement steps can be taken in respect of it.

The op split up three years ago so there is no statute barring of his child maintenance arrears.

Schedule 12 didn't say this debt was statute barred, just that it would "lapse" after 6 years, but see this:
https://www.nationaldebtline.org/EW/fac ... -debt.aspx

Child Support Agency (CSA) and the Child Maintenance Service (CMS)

If you owe money to the CSA or the CMS, the limitation rules can be complicated. From 12 July 2006, there is no time limit within which the CSA or the CMS must apply for a liability order. Once they have a liability order, a six year limitation period applies for them to use certain types of enforcement, such as bailiffs. There is no time limit for them to use enforcement such as disqualification from driving or imprisonment.

There are some ways the CSA or the CMS can try and make you pay that do not require them to have a liability order at all. These include taking money from your wages, benefits or bank account.

Schedule 12 stated after 6 years of a case being returned to CMS "nulla bona" that no enforcement steps can be taken. The link which you provided shows that is incorrect. There is no time limit to enforcement of child support arrears.

[Syd Snitkin]

The link says that certain types of enforcement, such as bailiffs, are subject to the 6 year limitation.

[Will Goodfellow]

The link says that certain types of enforcement, such as bailiffs, are subject to the 6 year limitation.

Yes, but no time limits on when a liability order can be obtained and no time limitation on enforcement steps which can be taken without a liability order.

Hardly the same as stating that "no enforcement steps can be taken" which is not accurate.

[zeke]

Can you show the legislation that says its exempt from limitation act.

[Will Goodfellow]

To be more specific, for child maintenance due after 12th July 2000, there is no limitation. That date was irrelevant to the OP so was previously omitted.

The revised version is available as a PDF on the left - 31/08/2017

http://www.legislation.gov.uk/uksi/1992 ... tents/made

The PDF is here -

http://www.legislation.gov.uk/uksi/1992 ... 817_en.pdf

"The Child Support (Collection and Enforcement) Regulations 1992

Application for a liability order

28.—(1) An application for a liability order shall be by way of complaint for an order to the magistrates’ court.

(2) Subject to paragraph (2A) there is no period of limitation in relation to an application under paragraph (1).

(2A) An application under paragraph (1) may not be instituted in respect of an amount payment of which became due on or before 12th July 2000."

[zeke]

A liability order has no end-date printed on it because the law gives it a statutory end date.

https://www.legislation.gov.uk/ukpga/1980/58/section/24

[Syd Snitkin]

Is a liability order a judgement? Surely it just means you are liable for a sum rather than the court ordering that you must pay it. Certainly a CT LO can be enforced forever providing it was granted within 6 years of the debt became due, I would assume the act that governs child maintenance has a similar provision.

[zeke]

A judgment is a court order.

If a liability order is not a court order then what is it?

[Syd Snitkin]

The fact remains that if a LO, or indeed a CCJ, is granted within 6 years of the debt becoming due it can in theory be enforced indefinitely. The LA only stops a new action if 6 years have passed, no actions already in place.

However I would argue that like a CCJ a LO needs permission to continue from the court if no enforcement has taken place for 6 years.

[zeke]

A LO isn't a county court judgment. I discovered that when Sheila posted on the internet that I had a CCJ for unpaid child support when it is a LO. I made enquiries and found that the CSA had obtained a judgment as well as a LO. The liability was written off because it was made in error and they used wrong information. The LO never ends but the debt carried expired after six years. Even if the debt was not written off, the CSA would never have been able to recover it due to limitation

[Syd Snitkin]

Nigel, I know it's not a CCJ. You're deluding yourself when you say a LO debt expires after 6 years. Everyone but you seem to realise that. If a LO (or a CCJ) is made within 6 years of the debt becoming due, or defaulted, or however you want to word it, then there is no end date on the power to enforce it - if 6 years elapse without any enforcement the court can give permission to continue enforcement. Of course the court may well say no, but nothing is guaranteed.

You cannot use what happened to you as a yardstick to how it will work for everyone else. In your case, if the CSA ballsed up then that's their look out.

[zeke]

The CSA did not cooperate with me so I gave it to a specialist law firm working in child support to clear up. The result was the LO does not have an end date, but the debt carried does. All it means is the LO can run ad-infinitum but the debt it enforces does lapse.

I don't think I've said that an LO expires after six years. It doesn't have an end-date that ceases the enforcement power.

[Syd Snitkin]

What legislation are you relying on? And don't say the LA section you posted earlier because that only applies to new actions.

[zeke]

For CSA debts, its section 9 Limitation Act 1980.

[Syd Snitkin]

If the LO has been granted before 6 years then section 9 won't apply. The granting of the LO is the 'action' stated.

[zeke]

What legislation is that?

[Syd Snitkin]

What are you talking about, legislation for what? The LA, when dealing with such debts, only applies if the court action has not started within 6 years. If the action has started within that 6 years and judgement entered (whether LO or CCJ), there is no provision anywhere that says the creditor cannot enforce that LO/CCJ after a set time has passed.

The only provision is when the creditor has failed to enforce that LO/CCJ for more than 6 years he must apply to the court to continue, giving reasons why no enforcement has happened - this is not a new action but a continuation of the original one. The court can grant or refuse the application.

[zeke]

The LA? you mean Local Authority? This is CSA.

The legislation I'm looking for is for this:

• If the LO has been granted before 6 years then section 9 won't apply.

[Syd Snitkin]

LA Limitation Act

Its the same question you were asking on MSE 3 years ago and you were told the same.

[zeke]

MSE?

Where in the Linitation Act does the exclusion exist?

When I instructed a law firm they said it could not be revived.

[Syd Snitkin]

It doesn't need to exist - all legislation would quadruple if it concerned itself with all possible scenarios. The question you ask, by the same token, could be applied the other way round - where in the LA does it say you cannot enforce after 6 years? All it says is you cannot start an action after 6 years. A LO or CCJ 'secures' the debt to allow the creditor to enforce for it. Once the debt is secured, legislation does not give a time limit for enforcement.

[zeke]

If a CCJ ceases to be recoverable after 6 years, then why not a LIability Order. It's a court order the same as a judgment.

[Syd Snitkin]

A CCJ doesn't cease to become recoverable after 6 years. If a CCJ hasn't been enforced for 6 years you must apply to the court to allow enforcement to continue.

[zeke]

Where is that?

[Syd Snitkin]

Which part?

[zeke]

The regulation that provides for:

If a CCJ hasn't been enforced for 6 years you must apply to the court to allow enforcement to continue.

[Syd Snitkin]

It's in the CivPR - form N446 - https://www.justice.gov.uk/courts/proce ... /pd_part04

[John The Baptist]

It's also covered at CPR 82.3 but some bailiff companies being the honest little tinkers that they are rarely seek the required permission from the court. As with many aspects of enforcement, they rely on the debtor's ignorance.

[Syd Snitkin]

A precedent was also set in Lowsley v Forbes which in summary says the claimant wished to enforce the judgment 11 ½ years after the date the judgment was given, when the defendant returned to the country, having left, it was alleged, in order to avoid the effects of the judgment.

The court ruled that the legislation prevented the claimants from starting a fresh action, but that execution of the existing judgment did not count as a fresh action. Therefore the claimants were able to take enforcement action.